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High Court

Bombay High Court Allows Revision Application in Eviction Suit — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Illegal.

3 Sep 2025

The present revision application arises from a civil suit for eviction. The respondents (plaintiffs) filed RCS No. 167 of 2008 seeking vacant possessi...

Supreme Court

Supreme Court Sets Aside Eviction Decree in Landlord-Tenant Dispute: Admission in Unconnected Case Not Clear, Unambiguous, or Unequivocal Under Order XII Rule 6 CPC. Court Holds That a Statement Made in Cross-Examination in Another Case, Where the Tenant Admitted Tenancy Was in His Mother's Name, Does Not Constitute a Valid Admission for Summary Judgment Without Trial.

20 Sep 2024

The Supreme Court allowed the appeal against the judgment of the Calcutta High Court, which had decreed eviction of the appellants (tenants) from a pr...

High Court

Bombay High Court Allows Landlord's Interim Application for Market Rent Deposit Pending Civil Revision Against Reversal of Eviction Decree. Tenant directed to deposit market rent as per Atma Ram Properties ratio, with liberty to withdraw by landlord subject to furnishing undertaking.

18 Jan 2024

The landlord (original plaintiff) filed a suit for eviction against the tenant, which was decreed by the Trial Court. The tenant appealed to the Appel...

High Court

Bombay High Court Allows Tenant's Writ Petition in Eviction Case Based on Denial of Title — Rent Controller's Order Restored. Landlady's eviction application dismissed as denial of title was not bona fide and tenant continued to pay rent.

14 Jan 2021

The dispute pertains to a residential house in Panaji, Goa, leased by Antonio Neri Francisco Fernandes to Chintamona Boirov Moralkar in 1952. After Ch...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Control Case — Notice Requirement Under Section 21(1)(a) Proviso of U.P. Rent Control Act Can Be Satisfied by Oral or Written Notice, No Mandatory Mode Prescribed. The Court restored the eviction order, holding that the High Court erred in reversing concurrent findings on notice and comparative hardship.

20 Jul 2020

The appellant, Mohd. Asif Naseer, purchased a shop (Shop No.64) in Lucknow via registered sale deed dated 29.10.2004. The respondent, West Watch Compa...

High Court

Bombay High Court Dismisses Tenant's Revision in Eviction Suit — Partnership Firm Not a Necessary Party Under Order 30 CPC. The court held that Order 30 Rule 1 CPC is permissive and non-joinder of a partnership firm does not vitiate eviction proceedings against individual partners.

25 Nov 2019

The applicant, a tenant (son of the original tenant), filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) ...

High Court

Karnataka High Court Dismisses Tenant's Writ Petition Challenging Eviction Order Under Karnataka Rent Act — Tenant Failed to Establish Landlord-Tenant Relationship with Respondent. The court held that the petitioner, who claimed tenancy under a partnership firm, could not prove that the respondent was the landlord entitled to receive rent under Section 43 of the Karnataka Rent Act, 2001.

23 Aug 2016

The petitioner, Surendra Nayak, filed a writ petition challenging the order dated 27.06.2016 passed by the III Additional District Judge, D.K., Mangal...

High Court

High Court of Karnataka Allows Appeal in Ejectment Suit — Receipt of Rent After Termination Constitutes Waiver of Notice to Quit. The court held that acceptance of rent by the landlord after termination of tenancy and during pendency of suit amounts to waiver of notice to quit under Section 113 of the Transfer of Property Act, 1882, rendering the suit for ejectment not maintainable.

16 Feb 2015

The case involves a Regular First Appeal filed by the defendant, M/s. Auto World, a registered partnership firm, against the judgment and decree dated...

High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction for Arrears of Rent. Concurrent findings of fact regarding default in payment of rent under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 not interfered with as no jurisdictional error shown.

24 Mar 2011

The petitioner, a tenant, challenged concurrent orders of eviction passed by the courts below in a civil revision application before the Bombay High C...

High Court

Bombay High Court Upholds Landlord's Eviction Decree in Rent Act Case — Subletting and Non-user Established. Section 13(1)(a) and (e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 applied to confirm eviction for subletting without consent and non-user for six months.

26 Jul 2005

The present Writ Petition under Article 227 of the Constitution of India was filed by the petitioners, who were the original tenants, challenging the ...

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